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HomeMy WebLinkAbout819"Typewritten copy;7 pages; 21.7 x 28 cm; Indenture of Bargain and Sale from Christian Stouffer to Trustees for Menonist Society A memorial hereof is Recorded in the Register office of the United Counties of York, Ontario and Peel, the 20th day of April 1852 at 2 P.M. in Lib. 32 pages 339.340.341- No. 44140.- James Ridout 16/ Registrar " "Indenture 1 Whereas in and by a statute of the Province of Upper Canada past in the ninth year of the reign of King George the fourth entitled an act for the relief of religious Societies therein named, it is enacted that whenever any Re ligious congregation, or Society of Presbyterians, Lutherans Calvanists, Methodists, Congregationalists, Independents? Anabaptists, Quakers, Menonists, Tunkers, and Moravians, shall have occasion to take a conveyance of land for the site of a church, meeting house or chapel an a burying ground it shall and may be lawful for them to appoint Trustees to whom and their successors to be appointed in such man ner as shall be specified in the deed, the requisite land for all or any of the purposes aforesaid (not exceeding five acres for any one congregation) be conveyed and such Trustees and their successors in perpetual succession, by the name expressed? in such deed, shall be capable of Holding? and possessing such land, and of commencing and maintaining, any action or actions, in law, or equity, for the protection thereof; and of their right thereto And Whereas a religious congregations or soicity(sic) of Menonists, have occasion to take such a deed of a tract or parcel of land situate in the Town ship of Pickering in the County of York in the Province of Canada for the site of a church, meeting house or chapel and burying ground and have appointed Trustees, by the name of the Trustees of the Menonist Society in Canada meeting house " "Meeting house or chapel or burying ground in the Township of Pickering aforesaid Now this Indenture made the ninth day of February in the year of our Lord one thousand eight hundred and fifty Between Christian Stouffer of the Township of Blenheim in the County of Oxford in the Province of Canada yeoman of the first part and Martin Nighswander and Samuel Hoover of the said Township of Pickering yeoman and Abraham Stouffer of the Township of White— in the county of York in the Province of Canada yeoman of the second part Witnesseth(sic) that the said Christian Stouffer for and in consideration of the sum of five pounds of good and lawful money of the Province of Canada to him in hand paid by the said Trustees before the sealing and delivery of these presents the receipt whereof is hereby by him ac knowledged(sic), hath given, granted, bargained and sold, aliened, assigned, released, conveyed and confirmed and by these presents doth give, grant, bargain, sell, assign, release, convey and confirm unto the said parties of the second part by the name aforesaid of the Trustees of the Menonist Society in Canada an meeting house or chapel and burying ground in the Township of Pickering and their successors to be appointed in the man ner to be hereinafter specified, ass that certain parcel or tract of land situate in the Township of Pickering aforesaid containing by and measure ment one area be the same more or less being composed of part of the North half of lot num ber thirty in the ninth concession of the said Township of Pickering and may be known and described as follows, that is to say com mencing seventy five links from the North West angle of said lot on the West limit of said lot, Thence South sixteen degrees East-----chains: more or less to a parcel of land belonging to George Wightman of Toronto City Merchant: thence North seventyfour Degrees East two chains seventy five links thence North sixteen Degrees West three chains seven ty five links more or less to the rear of said con- cession: thence South seventy four Degrees West two " "chains: thence South sixteen Degrees East seventy five links: thence South seventy four Degrees West seventy five links more or less to the place of beginning: To have and to hold the said parcel or tract of land with the building or buildings erected or to be erected thereon, and all the appen tenances(sic) and privileges thereof to them the said par ties of the second part as Trustees and their suc- cessors in the said Trustee forever: for the site of a church meetinghouse and burying ground for the use of the members of the Society of Menonistos " "in Canada according to the rules and discipline which now and or hereafter may be adapted by them in Pickering in trust and confidence that the said Trustees, for the time being shall at all times have after permit any Menonist Minister or Preacher or Ministers, or Preachers he, or they being a member or members of the Society of Menonists and duly authorized as such bay the proper authorities in said Society of Menonists, to preach and perform religious service in the said house and burial service in the said burial ground according to the rules and discipline of the said church, and in further trust and confidence, that the said Trustees for the time being may at their discretion permit the regular Ministers or Preach- ers of any other orthodox denomination of Prot- estant Christians to preach or perform Public Re- ligious service in said house when it shall not be required for the use of the Minister or Preacher of the said Society of Menonists; in further trust and confidence also, that the said Trustees and successors, shall and may at their discretion, after applications having being made to them for that purpose, suffer and permit other persons, though not members of the said Society of Menonists to be buried in the said burying ground And it is further declared that the full number of the said Trustees shall continue to be three and when one------shall die, or cease to be a member of the Menonist Society or shall remove at an inconvenient distance from the said house or burying ground – it may and shall be lawful for the members of the said Society of Menonists to elect one two or all Trustees according the rules and discipline of said Society, he or they being a member or members of the said Menonist Society of at least twenty one years of age and that the said congregation of Menonists do meet at their Meeting house aforesaid or at some other place in the neigh bourhood annually on the first monday in February in each year, and choose from amongst their members three Trustees, the same to be decided by the votes of the mem " "bers present, the chairman having a casting vote And it shall and may be — to relect the retiring Trustees, and those hav ing the greatest number of votes of the mem bers present are to be declared Trustees for the ensuing year, and shall be the legal successors of the above named Trustees and shall have in perpetual successions the same capacities, powers, rights and duties, as are given to the above named Trus- tees in and by this deed and the statute aforesaid and to " "And to the end that evidence of the due nomination and appointment of succeeding Trustees in the said trust may be preserved it shall be the duty of the Trustees for the time being to keep a book of record in which the name or names, and date of appointment of any person or persons nominated and appoint ed, successor or successors, in the said trust as aforesaid and also the names of those per sons so nominating them shall be entered and such entry subscribed by the chairman of the meeting In testimony whereof, the par ties to these presents, have hereunto set their hands and seals the day and year above written Signed Sealed and delivered in presence of George Mortimore Christian Stouffer Martin Nighswander Samuel Hoover Abraham Stouffer "